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Questions Answered by Eric Day
1 Answer | Asked in Tax Law for Florida on
Q: I am registering a LLC in Florida. I want to avoid maximum taxes. While registering for my EIN, which should I choose?

Since the LLC will be a single member should I choose to be disregarded as an individual entity or register my LLC as a corp or S-corp? My main goal is to pay the absolute minimum taxes and to have the maximum deductions.

Eric  Day
Eric Day
answered on Jul 5, 2018

It somewhat depends. If you create an LLC that is a disregarded LLC with you as the single member, then you will have created a sole proprietorship. Whatever the net income is from the LLC you will be required to pay 15.3% in self-employment taxes above whatever your normal income tax rate is.... View More

1 Answer | Asked in Tax Law for Oklahoma on
Q: How were medical deductions changed with the most recent tax laws?
Eric  Day
Eric Day
answered on Jul 3, 2018

Qualified medical expenses that are part of the deduction will remain the same under the new law. For 2018, you will be able to deduct expenses exceeding 7.5% of your AGI. Therefore, if your AGI is $100,000 you will be able to deduct all medical expenses that exceed $7,500. Anything under that... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: Is the $10,000 limit for state and property tax deductions really the same for a single filer as for joint filers?
Eric  Day
Eric Day
answered on Jul 3, 2018

The deduction is limited to $10,000 regardless of married or single status

2 Answers | Asked in Personal Injury and Car Accidents for Nevada on
Q: If my friend gets in an accident while driving my car, can he sue me for his injuries?
Eric  Day
Eric Day
answered on Jun 29, 2018

He himself would be the proximate cause of his injuries and could not recover from you individually for his injuries sustained in an accident while driving your car. He could, however, still recover from the insurance company of the driver at fault or from your insurance company if they have... View More

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1 Answer | Asked in Tax Law for Nevada on
Q: Paid my acct $1500, owe $900 balance. He refuses to Efile until I pay him in full. Can I mail in without his signature

I owe the IRS $6500 and have the check ready to go. Will they reject my hardcopy without him signing as tax preparer? Is this legal for him to do? I have paid in full for my personal taxes, which he refuses to efile until I finalize pmt for my corporate taxes.

Eric  Day
Eric Day
answered on Jun 22, 2018

You can sign the return and send it in but you are still legally obligated to pay him for the services he provided.

2 Answers | Asked in Tax Law for South Carolina on
Q: Can I live in a foreclosure house jointly bought by me and my checkbook self-directed IRA during renovation?

I am retiring soon, and plan to roll my government 401K-type plan into a self-directed checkbook IRA, with me as administrator and possibly also custodian.. The principal investment will be flipping foreclosure homes. I plan to buy the houses jointly with my IRA, to maximize the funds I have... View More

Eric  Day
Eric Day
answered on Jun 16, 2018

You cannot live in the house. Anything that you use IRA money to buy cannot be for the benefit of the IRA member. You can manage the LLC that you set up, but you cannot work on the house yourself nor live in it during renovation. That is a prohibited transaction and will cause the IRS to... View More

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1 Answer | Asked in Tax Law for Ohio on
Q: We want to use funds from my IRA to pay a $5000 medical bill. What are the tax consequences

I am 70 and my wife is 72 and we file jointly.

Eric  Day
Eric Day
answered on Jun 14, 2018

If you distribute from your IRA to pay medical bills, the distribution would be considered taxable income and be subject to income taxes at your normal income tax rate. You don't have to pay a 10% penalty for the early withdrawal once you have reached the age of 59 1/2. However, even if you... View More

2 Answers | Asked in Tax Law for California on
Q: If father is co-signer in car lease will his prop be st risk if a fed tax lien is placed on me during off in comp proces
Eric  Day
Eric Day
answered on Jun 13, 2018

The IRS will place liens on all property owned by the tax debtor. Therefore, if your father does not owe the IRS money and has other property, that other property will not be at risk of having a lien filed on it, nor will they be able to levy or seize that property. The vehicle in which your name... View More

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2 Answers | Asked in Tax Law for Ohio on
Q: Can I deduct child support payments on my taxes?
Eric  Day
Eric Day
answered on Jun 9, 2018

No, if it is specifically mentioned in the decree as child support

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1 Answer | Asked in Tax Law for Pennsylvania on
Q: Woman sells property, paid taxes, wishes to divide proceeds, do children owe tax on that
Eric  Day
Eric Day
answered on Jun 9, 2018

If she is simply gifting the proceeds to the children they would not have to pay tax on the proceeds. If her name was on the deed and she paid the taxes associated with the sale, she can distribute when she feels. She may however have to file another tax return if the gifted amount is more than... View More

1 Answer | Asked in Tax Law and Public Benefits for Indiana on
Q: Need help figuring out 401k distribution options ( separated from work age 55)?

Whether cash out, convert to IRA, Roth IRA or C-company?

Eric  Day
Eric Day
answered on Jun 9, 2018

It just depends on what type of work you are doing now. For instance, if you are working for another company, you might roll it into their 401k plan. If you are in retirement, the IRA might be a good option because you are just waiting on distributions. If you are running your own business, you... View More

2 Answers | Asked in Tax Law for California on
Q: I am on social security (age -86), in CA and will be receiving a monetary inheritance from Norway. Do I owe tax?

I want to know if there are any taxes I will owe for receiving my inheritance (money) from another country (Norway) even though I collect social security.

Eric  Day
Eric Day
answered on Jun 9, 2018

There should be no taxes associated with receiving an inheritance. You would be able to take the property at the value you receive it. The only time you would owe taxes aon an inheritance is if the property you receive through the inheritance is income producing property. Usually, the estate... View More

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2 Answers | Asked in Entertainment / Sports, Real Estate Law and Tax Law for Arizona on
Q: Can "Entertainment Inc." Purchase property? Multiple Properties?

If I own an entertainment corporation can I purchase property in my corporations name. I want to purchase 2 commercial properties. Both will be a storage/warehouse for equipment but in separate states because I provide entertainment services in different states and hate shipping equipment back... View More

Eric  Day
Eric Day
answered on Jun 9, 2018

Entertainment inc can by property, however it is not a great entity to hold real property. C corporations are horrible vehicles for holding real estate because you don’t get the benefits of capital assets in a C Corporation. I would put the properties in LLCs owned 100% by yourself or a holding... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: Do I pay incomes taxes on "criminal restitution"?

A realtor told me my house was worthless -said buyer gave me 215,000. Colo Real Estate Comm and Denver DA figured out that invisible buyer bought my house for 305,000 and then turned and sold it for 1,100,000. To avoid going to trial, I was given "criminal restitution" of $75,000. Do I... View More

Eric  Day
Eric Day
answered on Jun 8, 2018

Yes, you would have to pay taxes on the restitution you received. Any accession to wealth is taxable unless that judgment is in the form of physical pain and suffering.

1 Answer | Asked in Banking, Consumer Law and Tax Law for Minnesota on
Q: I had gotten an inheritance in 2011 and havent filed taxes since or worked and Minnesota seized 28k from my bank

Assuming I had 255k of taxable income, but they cleaned me out is there a possible law suit

Eric  Day
Eric Day
answered on Jun 6, 2018

The IRS has the right to file what is called an SFR - substitute for return on your behalf. If they see a substantial amount of income that was reported to them from third-parties, they will likely conduct an audit of your account and force the preparation of a tax return. Once there is an... View More

1 Answer | Asked in Tax Law for Ohio on
Q: inherited a 401k as a beneficiary. what is the best way to handle it? was told to set up an inherited 401k plan, take

a deduction now, and smaller deductions over time. Is this the best option?

Eric  Day
Eric Day
answered on Jun 6, 2018

I am not sure what deductions you would be allowed with an inherited IRA. However, you can roll the 401K into an inherited 401K that will allow you to stretch the distributions from the plan based on your life expectancy. Sometimes, the inherited 401k requires that the whole amount is distributed... View More

1 Answer | Asked in Business Law and Tax Law for Ohio on
Q: I bought a condo for my daughter to live in during college.(owned under my LLC) Would it benefit me to list her as

an employee of my LLC and pay her as a site manager since it is a 4 bedroom unit and i will have at least 2 others paying rent?

Eric  Day
Eric Day
answered on Jun 5, 2018

It seems that if you paid her (a deduction) so that she could pay you rent (income), there would be some sort of wash there with the income offsetting the deductions. The way this might benefit you, is this could then be treated as a rental and you would be able to depreciate the property.... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Looking for guidance on whether or not filing as a foreign corporation is needed in this case?

An independent contractor has a corporation in Florida. He is the only employee under his own corporation. He is planning on managing several cell phone stores for someone else in Arkansas. He is paid via contractor check at the end of the year. Will he need to file for the Arkansas Certificate of... View More

Eric  Day
Eric Day
answered on Jun 5, 2018

I am not an attorney in Arkansas, however, after looking at the statute, I do not believe he would fall under any of the exceptions in the law. The reason I say this is he would meet an exception if he were paying an independent contractor to do the work for him in Arkansas. However, if he is... View More

1 Answer | Asked in Business Law, Tax Law and Securities Law on
Q: Does US law specify a minimum gross margin on "related party" transactions?

Does US tax laws / Corporate law mention a specific minimum gross margin that should be maintained by a US company while trading with its related party abroad?

Or,does it ask to ensure that the price at which it sells to its related party abroad is not lesser than the price at which it... View More

Eric  Day
Eric Day
answered on Jun 2, 2018

when you sell a piece of property to a related party cheaper, the IRS may make the property ordinary again to the u.s. company/individual. Also, you cannot sell the property to a related property and claim a loss on the sale.

1 Answer | Asked in Tax Law for North Carolina on
Q: I'm paid under the table as a dogsitter. How does that affect my income taxes?
Eric  Day
Eric Day
answered on Jun 1, 2018

Whenever you have an accession to wealth for services that were provided to another individual, you should report that income on your tax return. Because this job would be considered self-employment, you will be responsible for the income taxes associated with the net proceeds of the job as well... View More

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